Flushing Township rescinds decision to hold clerk responsible in lawsuits over information requests FLUSHING TWP, MI –About that order putting Flushing Township Clerk Julia Morford on the hook for legal fees after multiple lawsuits regarding Open Meetings Act issues and Freedom of Information Act requests: Never mind. The board recently rescinded the order following a dressing-down from its attorney. “In my opinion, it adds nothing of benefit to the township’s interest,” said Township Attorney Steve Moulton said of the item during the January meeting. He said he didn’t know the order was approved during the board’s December meeting. The order stated “That Clerk Morford meet the guidelines of the Open Meetings Act regarding the proper posting of our Board Minutes, the minutes of the Planning Commission and the minutes of any other commission or committee that is regulated by the Open Meetings Act and that she answer any requests for FOIA information without hesitation, providing information to the person making a request that conforms to FOIA regulations. If the Clerk refuses, any lawsuit against the township shall be paid by her and NOT the township.” The motion was passed in December, with yes votes from Supervisor Rian Birchmeier and board members Scott Matzke, Bonnie Martinson and Scott Minaudo. Moulton said in this month’s meeting that statement added nothing of value and would not aid or protect the township during any lawsuit. “This adds nothing. It just makes more complicated a series of rules and regulations we already have to comply with,” said Moulton to the board. He said any issues concerning FOIA and the Open Meetings Act are covered under the township’s indemnification policy and other regulations. “It’s just ill-advised, in my opinion. It creates more problems than it’s going to resolve,” he said. But Martinson argued the item was brought to the board because lawsuits have been filed and, “I’m afraid there are going to be some more.” The motion to rescind was unanimously passed by the board. “Some of these requests for the information are not being done appropriately and the minutes are not being done appropriately,” Martinson said. “I don’t want to see any more lawsuits.” Moulton said Morford is not the only FOIA officer in the township — Police Chief Brian Fairchild serving is the other — and that FOIA requests are not all clear-cut. Attorney Kim Higgs said two previous lawsuits he filed on behalf of township residents were settled, including $2,500 in attorney fees, and dealt with untimely responses to FOIA requests for meeting minutes and job duty information. “Both of them were voluntarily settled and the cases were dismissed,” said Higgs. A third lawsuit is set for a March 11 settlement conference in front of Genesee County Circuit Judge Geoffrey Neithercutt involves a township denial of access to a 2013 report on retirement payout, failure to respond in the 10-day extension period and did not include names in a request for police wages and benefits. Morford advised Kenneth Bueche he could appeal the clerk’s partial denial of his FOIA request with township Supervisor Rian Birchmeier, who said in an October email to Morford, “He believed that some of her responses to plaintiff’s FOIA were incorrect,” according to court records. Higgs pointed out this is the first case he’d handled in which a supervisor has agreed with a client’s request. “It’s just interesting the supervisor would concur with my client’s request,” he said, while adding “It seems to me the ongoing problem is the clerk more than the board, with cases repeatedly coming before him for township residents. “This is her responsibility more than the board’s, per se,” Higgs said. “If there are more lawsuits and she is not conforming to those things, then she should be paying for those lawsuits and she’s not,” said Martinson. Minaudo asked if there was any way to word the item that would appease both sides, but Moulton was quick to respond no and vented some frustration before the board for even considering the move. “This is so frustrating,” he said. “Why, if you were part of an elected body, would you, if you thought somebody else on that body had made a mistake, would you paint this out in an open meeting? That part just flabbergasts me.” Source: mlive/ newsinmi/flushing-township-rescinds-decision-to-hold-clerk-responsible-in-lawsuits-over-information-requests/
Posted on: Fri, 23 Jan 2015 11:50:38 +0000